Obtaining a podiatric medicine license involves years of training and education in treating foot and ankle conditions. You must invest your time and money to acquire a license. Without the permit, all your training, education, and time go down the drain as you cannot practice, earn a living, or impact people’s lives. Therefore, any threat to your license should be taken seriously. At San Diego License Attorney, we will represent you against the California Board of Podiatric Medicine (BPM) if your license application will or could be denied, you are being investigated, or you have been convicted for an offense substantially related to your license to help you acquire or retain a permit.

Roles of a Doctor in Podiatric Medicine (DPM)

Feet is crucial for walking and engaging in almost any other daily activity. Many people overlook the role of the feet in daily life until they develop an issue and can no longer perform tasks that seem apparent when the feet are healthy. When people experience problems with their feet, they turn to podiatry medicine doctors (podiatrists) for treatment. Surprisingly, many patients never know that podiatrists exist until they develop foot or ankle issues and require specialized treatment.

As a podiatric doctor, you require a license from the California BPM to practice. Whether you are working at a hospital, military base, or private medical facility, a valid license is mandatory. When working in any of these places, your roles include:

  • Treating wounds
  • Anesthesia administration
  • Offering specialized care to arthritis patients
  • Treating sprains
  • Performing foot-related surgeries

The majority of Americans with foot or ankle-related disorders are diabetics and senior citizens. People with obesity or weight issues also develop foot ailments. As a podiatry doctor, your role is to attend to the medical needs of these patients to help them live comfortable and healthy lives.

The population of senior citizens, diabetics, and those with obesity is significantly increasing, meaning the demand for podiatrist services is on the rise to address these medical needs arising from the population. Unfortunately, regardless of the crucial role your skills play in keeping the country healthy, obtaining a license with the BPM is difficult. Even if you already have a license, a small investigation or complaint can threaten your career, even if exaggerated.  

Luckily, an allegation or license denial does not mean the end of your career. An experienced attorney can help with reapplication to ensure the board awards you with a license. Additionally, your legal counsel will challenge the accusation to prevent disciplinary action, like permit suspension from the BPM. Without proper legal representation, you could lose the license for a long duration or permanently, bringing your career to a halt.

California BPM Mission

BPM, or the Board of Podiatric Medicine, regulates accredited podiatry medicine doctors. The roles of the BPM include licensing physicians, setting rules, and enforcing them. However, this does not mean that the agency exists to protect doctors. Instead, it is a consumer protection entity that ensures podiatrists meet the required standards of the industry to protect consumers of podiatrist services from negligent practices. The mission is to protect consumers from additional injuries or harm at the hands of podiatrists.

Consumers lodge complaints against these healthcare practitioners through the board’s website or in writing. The common accusations or complaints the board receives include:

  • Patient abandonment
  • Obtaining a podiatric license through fraud
  • Hiring unlicensed assistants
  • Unprofessional behavior
  • Alcohol or controlled substance addiction on the job
  • Refusal to refer a patient to another doctor when necessary
  • Negligence or incompetence when performing professional duties
  • Failure to maintain proper medical records
  • Falsifying patient records
  • Insurance fraud
  • Having a conviction for a crime significantly related to podiatry medicine

When the board receives any of these complaints, they consider their nature and severity before deciding on the appropriate action.

Upon receiving a complaint, the BPM can take multiple actions. One of them is dismissing the case if there is no substantiating evidence. However, the board conducts further investigations when the claimant can substantiate the accusations. When further investigations show that you have a case to answer, the board will refer your file to the attorney general, who will lodge a formal accusation and appoint an Administrative Law Judge (ALJ) to adjudicate the case.

Pending the administrative proceeding, the board can pursue an interim or temporary license suspension to suspend you, a physician, from practicing podiatry medicine until a decision is made on your allegations. You do not know the length of the case. It could take months or years for a decision, which is too long to be without a permit, considering you cannot work without one. With a manifold of actions for the board to take against you, most of them harmful to your career, you should talk to an experienced permit defense attorney after receiving an accusation notice for advice on the appropriate measures to employ.

Before taking any steps, the licensing agency considers the aggravating and mitigating circumstances in the case, including:

  • Whether your patient suffered harm
  • Your previous record
  • Whether you have a pending conviction or conviction for a criminal violation substantially related to your crime
  • The defenses you put up against the accusations

You must hire a legal representative immediately after you learn of the allegations to have legal guidance because any statements you make to the board investigators could be used against you. An attorney with knowledge of board investigations and pre-investigations can protect your interests and guide you accordingly to avoid divulging information that could be self-incriminating. Besides, they will gather evidence from the early stages and prepare adequately for the case, increasing the chances of a fair verdict.

Protecting Your California BPM License

If you do not aggressively fight the claims against your permit, you risk a cancellation, making it impossible to practice. You have at most fifteen days after receiving an accusation notice to file a response. Failure to submit a defense notice within this duration means the board will obtain a default judgment, which is devastating as the license will automatically be suspended. Although unthinkable, cases of podiatrists losing their permits without having the chance to defend themselves have happened in the past. Hiring legal counsel early in the case ensures that you do not miss these deadlines. Even when the deadline is missed, you will not lose anything because you can still submit the defense notice. However, this process is complex to navigate if you are not lawyered up, hence the need to retain one.

The board or BPM’s legal representative wants you to believe the complaint is a minor issue you can self-represent and still secure a fair result. Nonetheless, the truth is that you need an experienced attorney with extensive knowledge defending podiatry doctors to secure a favorable verdict. If it is your first time facing the board, you do not know the approach to take or how to handle the case. A simple mistake at the beginning of the case, like a delayed answer, means losing the right to defend yourself.  Also, the administrative hearing is complex and has several steps. An attorney with knowledge of administrative law will ensure you follow the proper steps when defending yourself. Their experience with the process also means you will easily overcome handles you meet on the way.  

You can settle the case before the administrative proceeding with proper legal representation. An attorney will negotiate a stipulated settlement, an agreement between you, the podiatrist, and BPM. A fair settlement will allow you to keep your license and practice under lenient probationary terms. An experienced legal representative knows the difference between fair and unfair settlements and will ensure you receive the best. In cases where a stipulated settlement is not attainable, the attorney will proceed to the administrative proceeding.

An ALJ presides over the administrative hearing. They listen to the evidence from all the opposing parties, including witness testimonies. Once the ALJ listens to all the involved parties, they deliberate on the case and prepare a report within thirty days of the hearing. The report contains recommendations to the BPM on the appropriate punishment or disciplinary measures. Incredibly, all the work put in by the ALJ is mere recommendations. The board can opt to adopt the recommendations or disregard them. They can also modify the report. If they reject the report, you and your attorney must appear before the board for a briefing or undergo another administrative process.

Once the BPM decides on appropriate punishment, they will issue a decision and directive. When unsatisfied with the decision, you can appeal by filing a reconsideration petition. Alternatively, you can file a Writ of Mandamus, requesting the California Superior Court to overturn the BPM disciplinary measures. The appeal process is time- and labor-intensive, but worth it if you are convinced the board’s verdict was biased.

Application for Podiatry Medicine License

California BPM reviews applications for podiatric medicine licenses. The board only issues permits to eligible candidates after thorough screening. Those the licensing agency believes do not meet the high standards required to practice are denied licenses. Not all applicants whose applications the board rejects are unqualified. Some applications are turned down due to errors during applications, like misstatements or omissions. Others are declined because of criminal convictions with a significant relationship to podiatry, which the board believes could impair your capacity to deliver uncompromised podiatric services.

Other issues that could result in license denial are:

  • An indiscipline case against an applicant in another US state involving another licensing agency
  • Training and post-graduate education challenges

When the BPM declines your license application, they will send you a statement of issues explaining the appeal procedure. When your application has been denied, or you made a mistake that you believe will result in rejection, you should speak to a competent permit defense attorney as you find yourself in a complicated situation after investing money and time in training and education. You possess the burden of proof in these cases, so an experienced attorney must develop compelling arguments that will compel the board to overturn their decision. An experienced lawyer can even avoid the appeal hearing altogether and negotiate with the BPM for a settlement that allows them to issue you a podiatrist permit, even under probationary terms, to enable you to kick-start your career.

Effects of Criminal Convictions on Your BPM License

The BPM can deny your podiatrist permit application or impose disciplinary measures because of a criminal history. For a conviction to have these effects on your professional license, it must have a substantial relationship to podiatric medicine. Sometimes, arrests alone or accusations can impact your capacity to practice. Offenses or criminal convictions that could affect your license are:

  • DUI
  • Battery
  • Burglary
  • Elder abuse
  • Assault with a lethal weapon
  • Brandishing a gun
  • Domestic violence
  • Fraud
  • Forgery
  • Identity theft
  • Insurance fraud
  • Patient abandonment
  • Sex offenses
  • Public intoxication
  • Vandalism
  • Robbery
  • Simple possession
  • trespassing

Sometimes, the filing of criminal charges can prompt the board to request the AG to issue PEN 23 orders. These directives place an interim suspension on your permit, barring you from practicing until the resolution of the criminal matter. The action by the board is harsh because you stop practicing even before your case is heard and determined. If the AG issues these orders, immediately ask your attorney to challenge the suspension. The AG could lift the interim suspension orders with the correct arguments, enabling you to continue practicing.

Podiatrist License Reinstatement

The worst punishment the board can take for unprofessional conduct or violating its guidelines is license revocation. However, you can compel the board to restore your license with adequate preparations. When drawing the reinstatement motion, the attorney takes responsibility for the complaints leading to the revocation. You will submit rehabilitation evidence once you admit to having engaged in a violation. The agency then schedules a hearing date for you to make your case. Ensure that you present compelling proof that you can practice again safely and will not repeat your previous mistakes.

Retaining the services of a proficient attorney is always recommended because they understand the evidence you should submit for the BPM to restore your permit. Therefore, even when you suffer a permit revocation, it is not the end of your career. You can still obtain a reinstatement and secure a second chance to practice in the industry you love.

Find a Competent Podiatric Medicine License Defense Lawyer Near Me

Performing foot and ankle surgeries, treating foot wounds, and addressing other foot-related ailments requires dedication and love for your job. Podiatrists are passionate about their work, considering the hard work and resources they put into acquiring the license. Any threat to the permit should be fought aggressively, so you require a competent lawyer. At the San Diego License Attorney, we will review your case and find viable defenses to defeat all threats to the permit. Call us at 858-665-2455 for a free consultation.